COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Delivering the benefits of EU environmental policies through a regular Environmental Implementation Review
Date: 2016-05-27
Institutions: Directorate-General for Environment, European Commission
Subjects: EU environmental policy, EU initiative, application of EU law, environmental law, environmental protection

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 27.5.2016  COM(2016) 316 final   COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Delivering the benefits of EU environmental policies through a regular  Environmental Implementation Review   
 
 
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE 
EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Delivering the benefits of EU environmental policies through a regular 
Environmental Implementation Review 

1. 

IMPLEMENTATION GAPS AND THEIR IMPACT 

The 2015 State of the Environment Report by the European Environment Agency states that 
"The  foundation  for  short-  and  long-term  improvements  in  Europe's  environment,  people's 
health and economic prosperity rests on full implementation of policies, and better integration 
of the environment into the sectoral policies that contribute most to environmental pressures 
and  impacts1."  The  Commission  identified  the  challenges  and  solutions  to  deal  with 
implementation  gaps  of  environmental  legislation  in  two  Communications  in  20082  and 
2012,3 respectively.  

The  nature  of  the  implementation  gaps  varies  across  different  sectors  and  Member  States. 
Gaps can occur because of the national environmental rules implementing EU legislation; in 
the achievement of agreed major objectives on air quality, water quality and biodiversity;  in 
the  completion  of  required  waste  and  waste-water  infrastructure;  in  the  manner  in  which 
authorities interact with the public; in the fulfilment of safeguards such as timely completion 
of mandatory environmental plans, such as waste management plans; and in compliance with 
a broad set of rules applicable on the ground such as a prohibition on dumping waste. 

As  identified  in  the  2008  Communication  on  implementing  EC  Environmental  law,  the 
challenges  that  must  be  addressed  are  insufficient  attention  being  paid  to  deadlines  and 
completeness,  shortcomings  in  knowledge  and  awareness4,  shortcomings  in  administrative 
capacities,  weak  national  and  regional  enforcement  policies  and  practices  and  under-
investment and delayed investment in necessary pollution-abatement infrastructure5.  

The  results  of  a  2015  survey  of  national  environmental  authorities  indicate  that  there  are 
common  underlying  factors  causing  poor  progress  with  implementation6.  The  main 
underlying  reason  is  insufficient  capacity  in  administrative  bodies  responsible  for  enforcing 
the 
the  organisations  responsible  for 
environmental  regulation  and  enforcement,  followed  by  insufficient  data,  evidence  and 

insufficient  capacity 

legislation, 

including 

in 

1 EEA, 2015. The European Environment: State and Outlook 2015: Synthesis report. European Environment 

Agency, Copenhagen, see http://www.eea.europa.eu/soer, p. 15 

2 COM (2008) 773 final http://ec.europa.eu/environment/legal/law/pdf/com_2008_773_en.pdf  
3 COM (2012) 95 final http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52012DC0095 
4 In the COM (2012) 95 it was reiterated that knowledge about implementation remains problematical, http://eur-

lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52012DC0095, p.4. 

5 COM (2008) 773 final http://ec.europa.eu/environment/legal/law/pdf/com_2008_773_en.pdf, p.3 
6 IMPEL, 2015. Challenges in the practical implementation of EU environmental law and how IMPEL could 
help overcome them.  European Union Network for the Implementation and Enforcement of Environmental 
Law, final report: 23 March 2015, http://impel.eu/wp-content/uploads/2015/07/Implementation-Challenge-
Report-23-March-2015.pdf,  p.6 and p.44 Figure 3.2 

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information,  and  a  lack  of  skills  at  the  local  level.  Not  least,  inappropriate  sanctions  and  a 
level of fines for those that breach the law that does not constitute a deterrent were mentioned.  

Other  factors  identified  in  the  survey  contributing  to  poor  implementation  of  environmental 
law  and  policy  include:  absence  of  government  level  coordination  to  ensure  consistency  of 
priorities  horizontally 
levels  of 
administration,  i.e.  local,  regional,  national),  and  insufficient  integration  of  environmental 
concerns in various policies, programmes and projects.  

level)  and  vertically 

(at  governmental 

(between 

The  root  causes  of  the  implementation  gaps  need  to  be  addressed  in  a  comprehensive, 
systematic and collaborative way, for at least two reasons. 

First,  poor  implementation  gives  rise  to  environmental,  economic  and  social  costs.  For 
example, it has been estimated that the costs of damage to health and environment caused by 
air  pollutants  from  European  industrial  facilities  exceed  EUR  100  billion  annually7.  The 
economic costs associated with failure to implement the environmental acquis were estimated 
at around EUR 50 billion a year in 2011, including costs related to legal  procedures against 
Member States (infringement cases)8. This means that more than EUR 4 billion per month of 
unnecessary costs arise in the EU, whereas experience has shown that it is much cheaper to 
comply rather than to rectify afterwards the economic and environmental costs of inaction or 
late action9.  There are social and economic costs incurred through not implementing existing 
environmental  requirements.  For  example,  full  compliance  with  EU  waste  policy  by  2020 
could create an additional extra 400.000 jobs and an additional annual turnover in the waste 
management  and  recycling  industries  of  EUR  42  billion10. Similarly,  if  existing  EU  water 
legislation  were  to  be  fully  implemented,  and  all  water  bodies  to  achieve  a  ‘good’  status 
ranking, the combined annual benefits could be at least EUR 2.8 billion11.The fact that large 
variations  exist  as  regards  the  implementation  record  among  Member  States  also  creates 
barriers  for  the  functioning  of  the  internal  market  (an  uneven  level  playing  field  for 
businesses).  

Second, failure to meet EU environmental objectives affects the credibility of both national 
authorities  and  the  EU  in  the  eyes  of  citizens.  The  significant  number  of  infringements, 
petitions  and  complaints  in  the  field  of  environment12  and  the  challenges  in  handling  them, 

7 EEA, 2015. The European Environment: State and Outlook 2015: Synthesis report. European Environment 

Agency, Copenhagen, see http://www.eea.europa.eu/soer, p.19-20 
8 The costs of not implementing the environment acquis (COWI 2011) 

http://ec.europa.eu/environment/enveco/economics_policy/pdf/report_sept2011.pdf, p.9; COM (2012) 95 final 
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52012DC0095&from=EN, p. 3 

9 See e.g. the case studies on costs of late or non-action in the EEA report 'Late Lessons from Early Warnings: 

science, precaution, innovation' (2013). http://www.eea.europa.eu/publications/late-lessons-2.  

10 DG ENV, 2011. Implementing EU legislation for Green Growth. Study achieved by Bio Intelligence service, 

including the share per Member State of job and turnover creation, see 
http://ec.europa.eu/environment/waste/studies/pdf/study%2012%20FINAL%20REPORT.pdf   

11 European Parliamentary Research Service, 2015. Water Legislation: Cost of Non-Europe Report. See 
http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_STU(2015)536369 

12 COM (2015) 329 final, Annual Report from the Commission: Monitoring the application of Union law 2014, 
http://ec.europa.eu/atwork/applying-eu-law/docs/annual_report_32/com_2015_329_en.pdf, p. 8: out of a total 
of 3715 new complaints registered in 2014, 508 concerned the environment; p. 13: out of a total of 893 new 
infringement cases launched in 2014, 174 cases were in the environmental field. 

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reflect the insufficient level of implementation of the environmental  acquis. While it should 
be  acknowledged  that  the  national  courts  and  the  national  environmental  authorities,  which 
are primarily responsible for the implementation of EU law, have made efforts to implement 
and enforce environmental rules, this has not been sufficient to close implementation gaps. It 
is also worth noting in this context that, although there are some Member States and regions 
with an excellent track record in implementing the environmental  acquis, others are lagging 
behind, sometimes significantly.   

2.  THE NEED FOR A STRATEGIC AND COMPREHENSIVE APPROACH 

While  implementation  is  in  the  first  place  a  task  for  the  Member  States  themselves,  the 
Commission,  as  Guardian  of  the  Treaties  has  its  own  role  as  part  of  its  responsibility  to 
oversee  the  application  of  legislation  adopted  by  the  European  Union.  Infringement 
procedures remain ultimately a significant tool to ensure the proper implementation of legal 
provisions,  and,  for  several  years,  targeted  compliance-promotion  actions  addressed  to  the 
Member  States,  in  particular  in  areas  with  the  poorest  record  of  implementation,  have  been 
initiated. This was done, among others, in the sectors of waste and water management. Such 
focused actions remain crucial and will be continued, but should be integrated into a systemic 
approach meant to tackle cross-sectoral aspects, offer a comprehensive view of achievements 
and  challenges,  and  define  the  scale  and  range  of  priorities  requiring  not  only  technical  but 
also political attention.  

Such a strategic and comprehensive approach – which is currently missing – should allow the 
identification  and  tackling  of  the  root  causes  of  the  implementation  gaps  at  an  earlier  stage 
and  in  a  partnership  between  Member  States  and  the  Commission.  Based  on  this  diagnosis, 
the Commission would be ready to accompany the Member States' own efforts with technical 
expertise and more targeted financial support using existing EU funds. 

This  is  aligned  with  the  7th  Environmental  Action  Programme,  which  prioritises  better 
implementation  as  an  enabler  to  deliver  on  its  goals  and  also  responds  to  the  need  to  offer 
tailored-made  analysis  and  support  to  Member  States  and  improve  the  understanding  and 
awareness of implementation gaps13. 

3.  PRINCIPLES  AND  OBJECTIVES  OF  THE  ENVIRONMENTAL  IMPLEMENTATION  REVIEW 

(EIR) 

The overarching objective of the EIR initiative is to support the delivery of the objectives of 
existing  environmental  policies  and  legislation,  while  scrupulously  securing  the  equal 
treatment of the Member States. The objectives defined in existing agreed policies and rules 
constitute the set of benchmarks against which the implementation progress is monitored.  

13 Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a 

General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet.’ (7th 
EAP) See http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013D1386&from=EN  

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The EIR process should be inclusive and participative. Member States will be encouraged to 
involve  relevant  stakeholders  such  as  the  private  sector  and  civil  society  organisations  and 
governance levels to discuss the key implementation gaps and possible solutions.  

The EIR process will be flexible, first by taking into account the specific national challenges 
in  the  assessment  made  by  the  Commission,  and  second  by  fully  acknowledging  that  the 
Member States have the choice of the ways and means of implementation, provided that their 
action leads to the attainment of the common objectives pursued by the environmental acquis 
and policies. 

This  initiative  will  be  in  synergy  with  the  existing  work  on  environmental  implementation. 
The  deliverables  will  be  based  on  information  and  data  that  is  already  collected  by  the 
Commission  (including  Eurostat,  the  Joint  Research  Centre),  the  European  Environment 
Agency,  the  Organisation  for  Economic  Cooperation  and  Development  etc.,  and  official 
national sources. Similarly, the findings of various Fitness Checks that are performed by the 
Commission  on  existing  environmental  legislation,  including  the  one  on  environmental 
reporting, and the impact assessments for future legislative proposals will feed into the EIR.  

The EIR will therefore be conducted by the Commission in order to: 

  provide an informed and synthetic picture of where each Member State stands as regards 
the main environmental implementation gaps, based on a set of benchmarks which reflect 
the  existing,  agreed  policy  objectives  and  key  obligations  defined  by  the  EU 
environmental legislation; 

  create  the  opportunity  for  a  structured  dialogue  with  each  Member  State  on  the 
achievements  and  challenges  in  tackling  the  implementation  gaps  and  about  the  actions 
needed; 

  provide  tailored  support  to  Member  States  to  improve  implementation  of  the  EU 

environmental acquis and policies; 

  strengthen the EU's compliance culture in the area of environmental policies;  

  provide  an  informed  basis  for  political  debates  and  deliberations  between  the  EU 
institutions about the horizontal challenges, opportunities and possible solutions aimed at 
further narrowing the implementation gaps; identify and share best practices and common 
problems  and  make  best  use  of  the  experience  accumulated  across  the  EU,  as  well  as 
engaging with  the whole range of stakeholders in actions to  address  the  implementation 
gaps. 

4.  THE ENVIRONMENTAL IMPLEMENTATION REVIEW CYCLE 

As a first step, country-specific reports will be drafted every two years focusing on essential 
topics in the area of environmental legislation and policy in each Member State. The first part 
addresses  thematic  areas  such  as  circular  economy,  resource  efficiency  and  waste 
management;  biodiversity,  marine  protection,  soil  protection,  green  infrastructure  and 
estimating  natural  capital;  air  quality,  water  quality  and  management,  chemicals  and 
sustainable cities. The second part covers the enabling framework and implementation tools 

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including  the  quality  of  administrative  capacity,  compliance  assurance,  effective  access  to 
justice  and  redress  mechanisms,  access  to  environmental  information,  and  knowledge  and 
evidence;  environmental  taxation,  phasing  out  environmentally  harmful  subsidies,  green 
public procurement and investments. In the future, climate change mitigation and adaptation 
will be addressed as cross-cutting issues in all thematic areas as relevant.  

These reports will highlight the main challenges and successes of each Member State in the 
implementation  of  the  EU  environmental  acquis  and  policies  and  suggest  possible  ways 
forward. The reports will be based on and further guide the existing thematic bilateral work 
on implementation and integration of environmental policy into other policy areas undertaken 
by the Commission with each Member State. They will set the framework for such bilateral 
country dialogues and sectoral compliance promotion actions between the Commission and 
the  Member  State  concerned.  The  Commission  will  consult  the  Member  States  before 
finalising the reports in order to be sure of their accuracy. Once adopted by the Commission, 
the country reports will be rendered public. 

The second step, which will be based on the above, is creating the framework for high level 
discussions on significant implementation gaps common to several Member States. The key 
findings of the 28 country-specific reports will be synthesised in an accompanying document 
that will be published together with the reports. Depending on the importance of the findings, 
specific  issue  papers  would  be  prepared  by  the  Commission  to  further  explore  with  the 
Council  certain  topics  that  are  relevant  to  several  Member  States  and  that  merit  particular 
attention and efforts. These issue papers would be submitted to the Council for exchanges of 
views  about  the  approaches,  experiences  and  best  practices  developed  on  such  issues,  in 
particular where they have cross-border impacts on environment and competitiveness.   

The Commission will also inform the European Parliament about its key horizontal findings, 
taking duly into account its oversight role defined by the Treaties. It will also liaise with the 
Committee of the Regions in respect of the same key horizontal findings in order to engage 
with  local  and  regional  representatives  in  raising  awareness  about  specific  actions14.    The 
outcomes of these dialogues will inform the Commission's follow up of each EIR cycle. 

As  from  the  second  cycle  onwards,  the  Commission  will  report  on  progress  achieved  in 
implementation, including as a follow up to the conclusions of the previous cycle. 

5.  EXPECTED BENEFITS 

The EIR aims to improve effectiveness and efficiency in the delivery of environmental policy 
and legislation by complementing enforcement. A clear advantage of this approach is that it 
can bring up critical issues and possibly structural solutions in a preventive and transparent 
manner, in some cases even before the compliance deadlines expire and enforcement needs to 
come into action. Awareness of Member States' systemic action and effectiveness in tackling 
the  root  causes  of  implementation  gaps  plays  a  critical  role  in  defining  the  Commission's 

14 For example through the Technical Platform for Cooperation on the Environment set up by the Committee of 

the Regions and the Commission, referred to in the 7th EAP, p. 189, http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32013D1386&from=EN  

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approach  on  enforcement.  Better  implementation  enhances  citizens’  confidence  in  Union 
environment  law,  increases  the  mutual  trust  between  Member  States  and  creates  a  level 
playing  field  for  economic  actors  operating  in  the  internal  market15.  Moreover,  better 
regulation  is  a  matter  of  better  implementation:  the  more  the  existing  rules  attain  the 
objectives for which they were enacted, the less a new regulatory intervention is necessary to 
revise the existing rules or adopt additional ones. 

The  Member  States  will  gain  the  opportunity  to  exchange  good  practices  and  receive 
knowledge and expertise from each other to tackle their individual environmental challenges. 
Common  environmental  issues  will  be  clearly  identified  and  can  be  addressed  collectively 
where appropriate. In general, better understanding increases acceptance and support for the 
outcomes  of  the  EIR.  A  comprehensive  picture  of  the  efforts  made  by  each  Member  State 
may provide opportunities to learn from each other (peer to peer). This should also contribute 
towards a more targeted use of EU funds, stimulate higher absorption rates and highlight the 
real  needs  and  priorities  of  smart  investment  policies.  Furthermore,  the  achievements  by 
Member  States  in  tackling  the  challenges  they  are  confronted  with,  as  well  as  the  costs  or 
benefits of the necessary measures will be more visible to the public and to stakeholders.  

The  Commission  will  gain  an  opportunity  to  identify  potential  systemic  solutions  to 
environmental  implementation  problems,  to  raise  awareness  at  an  earlier  stage  and  to 
strengthen the preventive dimension related to the application of Union law. This will allow 
Member  States  to  anticipate  better  the  issues  that  need  corrective  action,  in  line  with  the 
public policy principles enshrined in Article 191 of the Treaty on the Functioning of the EU16. 
The EIR exercise will also give a better insight into the challenges the national authorities are 
confronted with when applying the Union law, which is also useful when reviewing existing 
or  proposing  new  environmental  legislation.  The  initiative  will  improve  the  use  of  data 
already  available  to  the  Commission  as  the  initiative  necessitates  compiling  and  assessing 
available information in a more targeted, country specific manner. In addition, the results of 
the regulatory monitoring initiative17 should result in the availability of better environmental 
data in the future. Finally it will provide a cross-cutting overview of the main implementation 
challenges.  

6.  RELATIONS WITH OTHER INITIATIVES 

The  EIR  is  intended  to  dovetail  with  a  wider  set  of  activities  and  initiatives  on 
implementation.  It  covers  a  broad  range  of  environmental  topics,  some  of  which  generate 
country-specific  knowledge  that  could  be  relevant  for  the  European  Semester  process  and 

15 For example, uneven playing field among companies that treat waste according to the legislation and those 

who illegally export waste. See: The costs of not implementing the environment acquis (COWI 2011) 
http://ec.europa.eu/environment/enveco/economics_policy/pdf/report_sept2011.pdf, p. 67 

16 Article 191.2 TFEU: "Union policy on the environment shall aim at a high level of protection taking into 

account the diversity of situations in the various regions of the Union. It shall be based on the precautionary 
principle and on the principles that preventive action should be taken, that environmental damage should as a 
priority be rectified at source and that the polluter should pay." 

17 Monitoring and reporting of environment legislation - The Fitness Check on Monitoring and Reporting. See 

http://ec.europa.eu/environment/legal/reporting/fc_overview_en.htm  

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will  promote  a  more  detailed  dialogue  and  exchange  of  practices  on  specific  environmental 
topics relevant for the Growth and Jobs Agenda. Moreover, the EIR will contribute to better 
knowledge  on  public  administration  quality  as  one  of  the  causes  of  environmental 
implementation gaps, which is coherent with the broader analysis of administrative quality in 
the Semester.  

In  line  with  the  Better  Regulation  agenda18,  this  initiative  stresses  the  importance  of 
implementing  existing  legal  and  policy  commitments.  The  EU  has  a  well-developed 
environmental policy framework comprising numerous directives and other soft policy targets 
and  objectives,  the  implementation  of  which  is  followed  generally  on  a  sectoral  basis.  The 
EIR  aims  at  looking  into  the  key  implementation  issues  in  each  Member  State  across  the 
environmental  sectors,  in  a  systemic  manner,  thus  fostering  policy  coherence.  The  EIR  will 
also  contribute  to  Better  Regulation  by  providing  evidence  about  how  existing  instruments 
work in practice in order to prepare any corrective action.  

The EIR process is related to the ongoing Fitness Check of environmental reporting which 
aims  at  delivering  a  more  coherent  and  coordinated  approach  to  reporting  information  on 
implementation and compliance. This objective will be of great benefit for the EIR, providing 
relevant information on the level of implementation and the "distance to target" as a starting 
point  for  dialogue  and  action  with  the  Member  States.  It  should  also  support  the  proactive 
approach of the EIR by  providing information indicating the risk of future non-compliance, 
therefore enabling the finding of timely solutions.  Engagement of the public through access 
to  environmental  information,  public  participation  and  access  to  justice  is  essential  to 
implementation.  So  too  is  compliance  assurance,  i.e.  the  combined  actions  of  public 
authorities  in  preventing  infringements  through  compliance  promotion  and  working  with 
business, detecting them through inspections and other forms of compliance monitoring and 
responding  to  them  through  enforcement.  The  EIR's  scope  will  cover  these  topics,  ensuring 
full coherence.  

7.  CONCLUSIONS AND OUTLOOK 

This  Communication  sets  out  a  process  which  demonstrates  the  Commission’s  renewed 
commitment to better implementation of environmental policy and legislation. The aim is to 
work  more  transparently  and  inclusively  to  ensure  that  existing  environmental  rules  and 
policies deliver important societal goals more effectively and in close coordination with other 
relevant policy areas.  

To  achieve  this,  the  Commission  will  publish  country  reports  which  will  be  progressively 
improved.  However,  the  Commission  cannot  deliver  on  its  own.  This  process  requires  a 
shared  commitment  by  the  relevant  EU  institutions,  Member  States  and  other  actors. 
Preparing  the  biennial  country-specific  reports  will  not  entail  an  additional  burden  for  the 
Member  States  and  there  will  be  no  new  reporting  obligations.  The  added  value  of  this 
exercise and the measure of the expected benefits referred to above will ultimately depend on 
the follow up given by the national authorities. To facilitate such follow up, the Commission 

18 Better Regulation Communication of 19 May 2015 (COM(2015)215) http://ec.europa.eu/smart-

regulation/better_regulation/documents/com_2015_215_en.pdf  

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will  continue  its  work  at  technical  level  in  the  various  working  groups  covering  sectorial 
issues relating to water, waste, nature, air or industrial emissions.      

9